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Expert Analysis

Online Retailers' Losing Streak Shows Evolving Liability Trend

By Stephanie Sheridan, Meegan Brooks and Amanda Schwartz (September 7, 2021, 3:42 PM EDT) -- Just over two years ago, courts were unanimously ruling that online marketplaces were not liable for products sold by third parties on their websites. That trend abruptly shifted in July 2019, when the U.S. Court of Appeals for the Third Circuit in Oberdorf v. Amazon held that Amazon was not shielded from liability for products sold on its website by third parties....

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